HomeMy WebLinkAbout01 136 1033 queen mcconnell
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2001 - 136
A BY-LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT WITH MELVILL & ELAINE MCCONNELL RELATED
TO WAIVING A CONDITION OF SEVERANCE AT 1033 QUEEN
STREET (WARD 1) MUNICIPALITY OF KINCARDINE
WHEREAS the Municipality of Kincardine has been requested to waive a
condition of severance for Melville and Elaine McConnell at South Part Lot 28
and South Part Lot 29, North Side of Mechanics Avenue Registered Plan 4, 1033
Queen Street (Former Town of Kincardine) Municipality of Kincardine as shown
in the attached Schedule "A";
AND WHEREAS it is necessary to enter into an agreement with Melville and
Elaine McConnell to ensure the condition of severance to remove the shed is
completed to the satisfaction of the municipality;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with Melville and Elaine
McConnell attached to this by-law and to affix the corporate seal as and when
required.
2. This Agreement is to be registered on title at the expense of Melville and
Elaine McConnell.
3. That municipal staff is authorized to waive the condition related to the shed
removal on receipt of a registered copy of this Agreement.
4. This By-law shall come into full force and effect upon its tinal passage.
5. This By-law may be cited as the "McConnell Agreement, By-law".
READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED this
28th day of November, 2001.
_C-<~L~..
Clerk
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This Agreement made in quadruplicate as of the 28th day of November, 2001,
BETWEEN
MELVILLE SAMUEL MCCONNELL & MARGARET ELAINE MCCONNELL
(hereinafter called the "Owner")
OF THE FIRST PART
-and -
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality")
OF THE SECOND
PART
WHEREAS the Owner is the registered owner of the real property South pt. Lot 28 &
South pt. Lot 29, RP 4, 1033 Queen Street, Municipality of Kincardine, County of
Bruce; being more particularly described in Schedule "A" annexed hereto (the "Real
Property");
AND WHEREAS the Owner has applied to the Bruce County Land Division Committee
(the "Committee") for a consent to sever that part of the said real property now shown
as Part 2 on Plan 3R-7444 (the "Severed Lands");
AND WHEREAS the lands being retained by the Owner (the "Retained Lands") consist
of the Real Property now shown as Part 1 on Plan 3R-7444.
AND WHEREAS the Committee gave a provisional consent to sever and one of the
conditions imposed by the Municipality is that the Owner enter into this Agreement with
respect to removing an existing shed;
AND WHEREAS the shed is located partly on the Retained Lands;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the
granting of the consent to sever and the sum of ONE DOLLAR ($1.00) now paid by the
Municipality to the Owner, the receipt of which is hereby acknowledged, and the mutual
covenants and agreements hereinafter contained, the parties hereto agree as follows:
1. The Owner hereby covenants to remove the shed to the satisfaction of the
Municipality's Chief Building Official on or before the 30th day of November, 2003. The
parties agree that the removal shall include the demolition of the shed and its
foundation, the removal of all debris resulting from such demolition and the restoration
of the property.
2. The Owner shall deliver to the Municipality contemporaneously with this
Agreement a certified cheque payable to the order of the Municipality in the sum of
$10, 000. 00. The parties agree that the delivery of this cheque is for the purpose of
guaranteeing to the Municipality that the Owner will comply with paragraph 1 of this
Agreement. The Municipality agrees to hold this sum in an account subject to the
provisions of this Agreement.
3. In the event that the Owner has not complied fully with paragraph 1 of this
Agreement by the 30th day of November, 2003 then, in addition to any other remedies it
may have, the Municipality may, without further notice, complete the removal of the
shed to the satisfaction of the Chief Building Official and the Owner hereby grants to
the Municipality a right of entry onto the Property to complete such removal. The
Municipality may apply the monies in the account to all expenses, costs, charges and
claims that it incurs in connection with such removal.
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4. The Owner shall be liable to the Municipality for any shortfall of monies that may
exist between the monies in the account and the expenses incurred by the Municipality
in removing the shed. The Municipality shall refund to the Owners the excess monies,
if any, in the account after payment by the Municipality of such expenses.
5. The Owner acknowledges that this Agreement shall be registered on title and
the Owner shall pay for all legal costs incurred with respect to such registration.
6. This Agreement shall be binding upon and shall ensure to the benetit of the
respective heirs, executors, administrators. successors and assigns of the parties
hereto.
7. This Agreement is given pursuant to section 51 (25) (d) of The Planning Act
R.S.O.1990cP.13.
IN WITNESS WHEREOF the Owner and the Municipality have hereto affixed their
corporate seals attested by the hands of their respective duly authorized officers.
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE .....IJ..%-:
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) MELVILLE SAMUEL MCCONNELL
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) Melville Samuel McConnell
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) MARGARET ELAINE MCCONNELL
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Ma aret Elaine McConnell
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SCHEDULE "A"
SOUTH PART LOT 28 & SOUTH PART LOT 29,
NORTH SIDE OF MECHANICS AVENUE, REGISTERED PLAN 4
1033 QUEEN STREET
MUNICIPALITY OF KINCARDINE
(FORMERLY TOWN OF KINCARDINE)
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PLAN OF SURVEY OF PART OF
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FORMERLY ,OWN OF KI NCAROINE
NOW IN THE MUNICIPALITY OF KINCARDINE
COUNTY OF BRUCE
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SCHEDULE "N
Lot 28 and 29 North side of Mechanics Avenue Registered Plan 4,
The Corporation of the Municipality of Kincardine (former Town of
Kincardine), County of Bruce save and except the Northerly 66 feet thereof
as described in instrument 334025.
SCHEDULE "A"
THIS IS SCHEDULE "A" TO MCCONNELL SEVERENCE AGREEMENT & BY-LAW
NO. 2001- 1,36 AS S DAY OF N~::~E:~ ~
MAYOR ERK -_ ~LN "
CONNELL~ 4o.~_~ÇwG-
MARGARET ELAINE MCCONNELL